A. Oyegunle

The accused was charged with assault on May 6, 2017.

Following a judicial pre-trial in October 2017, a trial date was set for May 2018, but the case was not reached due to insufficient court resources.

A second trial date was set for January 2019.

After the trial concluded on January 8, 2019, the defence filed a section 11(b) Charter application alleging unreasonable delay.

The court dismissed the application, finding that the net delay fell below the 18-month presumptive ceiling established in R v. Jordan, and that the defence had not demonstrated meaningful steps to expedite proceedings.

The defence's late filing of the application and failure to comply with court rules were significant factors in the dismissal.

The Durham Children's Aid Society brought a motion within a status review application to place three children in its temporary care and custody.

The children had previously been found in need of protection and placed under a supervision order with their parents, which was subsequently breached due to the mother's mental health crisis and the parents' and maternal grandfather's failure to report changes or comply with conditions.

The court considered the children's best interests under subsection 64(8) and 37(3) of the Child and Family Services Act, finding that the existing supervision order was insufficient and there was a continuing risk of harm if the children returned to parental care.

The court explicitly disagreed with the necessity of proving a material change in circumstances for temporary orders in child protection proceedings, emphasizing the fluid nature of such cases.

The motion was granted, placing the children in the Society's temporary care.